Anand Kumar Mishra v. State of U.P. and Another

Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11093 of 2023 Applicant :- Anand Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dibyanshu Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶2Apprehending his arrest, the present anticipatory bail application has been filed on behalf of the applicant - Anand Kumar Mishra in Case No.964 of 2010 arising out of Case Crime No.37 of 2009, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gorakhpur, with a prayer to enlarge him on anticipatory bail.

¶3It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against her. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case was completed and charge-sheet was filed. It is further submitted that it is a matrimonial dispute between the husband and wife. Applicant is the husband of opposite party no.2 / complainant. Earlier, protection was granted to the applicant till submission of police report u/s 173 (2) Cr.P.C. It is a case of no injury. There is no medical report on record. No specific role has been assigned to the present applicant. The applicant has been cooperative during the course of investigation and had not misused the liberty. Applicant had also filed an application under section 9 of Hindu Marriage Act for restitution of conjugal right. It is further submitted that the applicant has not been declared proclaimed offender by the trial court. No process under sections 82, 83 Cr.P.C. has been issued against the applicant. It is further submitted that no custodial interrogation is required in this matter from the applicant as the offences alleged against the applicant are punishable with the imprisonment for a maximum period of seven years and as such he is entitled for anticipatory bail.

¶4Per contra, learned A.G.A. opposed the prayer for anticipatory bail.

¶5Although charge-sheet was submitted in matter, but in Sushila Aggarwal and others vs. State (NCT of Delhi) and another,

(2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

¶6Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter.

¶7The anticipatory bail application is allowed.

¶8In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :-

(i) The applicant shall make himself available before the court concerned on the date fixed in the matter;

(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him / her from disclosing such facts to the Court or to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

¶9In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 3.11.2023 ss High Court of Judicature at Allahabad